Unknown's avatar

About Dr Samantha Hardy

Associate Professor Samantha Hardy PhD has been mediating and conflict coaching since 1997. She practices primarily in the workplace context, and in the university sector. Sam is a Nationally Accredited Mediator under the Australian Standards and a Certified Transformative Mediator by the US Institute of Conflict Transformation. She is an experienced conflict coach and the co-founder of the REAL Conflict Coaching System. Sam has a particular interest in education and has been recognized as a leader in this field, including receiving a University Teaching Excellence Award, a National Carrick Citation for an Outstanding Contribution to Student Learning and a Fellow of the Higher Education Research and Development Society of Australia. She is an adjunct and teaches at various universities including James Cook University, the University of New South Wales, the University of Tasmania, the Singapore International Dispute Resolution Academy, and is an Affiliate Scholar at the Center for the Study of Narrative and Conflict Resolution within the School for Conflict Analysis and Resolution at George Mason University. Sam has published widely in conflict resolution, including her books Dispute Resolution in Australia, 3rd Ed. (2014) co-authored with David Spencer, Mediation for Lawyers (2010) co-authored with Olivia Rundle, and Sex, Gender, Sexuality and the Law: Social and legal issues facing individuals, couples and families (2016) co-authored with Olivia Rundle and Damien Riggs.

Conflict coaching: Panacea or placebo?

Aside

My dispute resolution ‘journey’ began with life as a litigation lawyer.  While completing my Master of Laws I studied a subject on ‘alternative dispute resolution’ and we had the option of doing an extra two days of training to become certified under what was then a Certificate 3 in Mediation.  This training was enough to change my path from lawyer to mediator and I began a PhD which looked at how different approaches to dispute resolution (litigation and mediation) impacted on psychological outcomes for participants.  Some years later I completed conflict management coach training in the CINERGY model, and subsequently developed the REAL Conflict Coaching System, which I now practice and teach through Conflict Coaching International.  For a link to a talk I gave a few years ago in the US about the REAL Conflict Coaching System and the philosophy that it is based on, see this youtube link.

Conflict coaching is a one-on-one process during which a conflict specialists ‘coaches’ someone in conflict to assist them to manage their conflict more effectively and perhaps even resolve it.  The conflict coaching does not provide advice or advocacy-type support, rather the coach facilitates a kind of reflective process through which the client gains insight into the situation they are facing and ideas for moving forward.

Conflict coaching:

  • Provides the client with undivided attention
  • Is founded on deep listening
  • Gives the client non-judgmental support
  • Uses curious questioning
  • Promotes self-reflection
  • Promotes empowerment

A quick note on terminology:  The process I am discussing here was originally called “conflict coaching” but the name has fairly recently developed into “conflict management coaching”, I assume for a number of reasons:  Firstly, to emphasize the connection between conflict coaching and management/executive coaching; but secondly and perhaps more importantly, to highlight that the coaching process is about supporting people to develop strategies to manage their conflict, not to teach them how to have conflict (emphasizing that it’s nothing like being a boxing coach!).  It’s also interesting to note here that the process has not been called conflict resolution coaching and this is an important point – the aim of conflict coaching is not necessarily to resolve the conflict.  In one sense, including the word “management” is an attempt to include a positive term alongside the word “conflict” which is often seen as negative (so one would not want to provide coaching for someone to engage in “conflict”; whereas coaching someone to engage in “management” sounds more constructive).  However, this tends to perpetuate the idea that conflict is something negative, when in fact in can be something very positive if it is engaged with appropriately.  For this reason (and for pragmatic reasons of brevity) I continue to use the simple term “conflict coaching”.

When considering the place of conflict coaching in today’s suite of conflict support services, it’s useful to consider the changing nature of societal responses to new conflict resolution processes. Laurence Boulle, in his book Mediation: Principles, Process, Practice identifies the following ‘waves’ of responses to mediation in Australia, which be equally applied to the development of conflict coaching as a service:

  • First wave: Optimism and idealism
  • Second wave: Skeptism, hostility, call for exacting standards
  • Third wave: Balanced understanding, recognition and organization, mainstreaming
  • Fourth wave: Cross-fertilisation
  • Fifth wave: Integration and interconnectedness (which can lead to an identity paradox, as the process becomes blurred with others). [1]

Where is conflict coaching currently on this spectrum?  Well, there is certainly some optimism and idealism (at least from those offering conflict coaching services).  There is also some skeptism, particularly about the potential for a one-on-one process to achieve conflict resolution.  There have also been moves towards accreditation of conflict coaches, and some models provide their own practice standards, but these are not widespread or nationally recognized in the same way as the Australian National Mediator Practice Standards.  In some sectors (e.g. the Australian Defence Force) there is evidence of a strong understanding and mainstreaming of conflict coaching, but this is not universal.  There is perhaps the beginning of cross-fertilisation, with referrals to and from mediation and other conflict resolution processes, and there is also some blurring of the process with others (e.g. counseling or advocacy) but this is probably more based in a general ignorance of the process rather than widespread integration and interconnectedness.

The process of conflict coaching began as a back-up plan when mediation was not possible (usually because one party was not able or willing to participate).  It is first recorded as being offered at Macquarie University in Australia and was known as “Problem solving for one” (developed as a one-on-one process based on Fisher and Ury’s interest-based negotiation model) and then at Temple University in the USA (based on the Thomas-Kilman Conflict Mode Instrument). For a brief overview of the development of conflict coaching see chapter one of this thesis about mindfulness in conflict coaching.

Recently, however, conflict coaching has been used as more than just a back up plan when mediation is not possible.  Rather, it is frequently the first process choice, before and often instead of mediation.  It can be used as a preventative measure.  Conflict coaching can also be used as a kind of ‘triage’ process into other services.  It can also be used post-mediation.

There are a range of different models and approaches.  The most well known model in the Americas and Australia is the CINERGY model, however other models have developed including the narrative-based Comprehensive Conflict Coaching model and the Australian-developed REAL Conflict Coaching System.

In my opinion, the increase in popularity of conflict coaching as a process can be explained by a number of factors: Firstly, there is a shift towards individualized services.  Secondly, and somewhat contradictory to its original purpose, mediation is now often seen as “too formal” a process.  Another impacting factor is arguably that people are losing the capacity and motivation to communicate directly with those with whom they are in conflict and so are more comfortable with a process that does not require them to do so.  People in conflict also want someone “on their side” but not necessarily a lawyer/advocate.  There is also a growing social focus on self-development.  When conflict coaching is sold as a kind of professional development exercise, it is also easier to motivate staff to participate.

The growing popularity of conflict coaching is consistent with the shift in emphasis towards self-determination in dispute resolution rhetoric.  It is popular with those seeking to “do it yourself” and empowerment, and also provides an individualized and just-in-time support for those experiencing conflict.  Conflict coaching is broadening in scope, and is being used in contexts including:

  • Managers dealing with staff conflict;
  • Preparation for mediation, negotiation, litigation;
  • Divorce coaching;
  • Negotiation coaching;
  • Self-represented litigant coaching;
  • Change management coaching;
  • Conflict coaching for students in school;
  • Conflict coaching to support people to implement parenting plans agreed upon during family dispute resolution;
  • Conflict prevention as well as resolution.

Some boundaries are being blurred, for example: conflict coaching is being provided by individuals who are not independent (e.g. managers) and it is sometimes being used as an educational tool and an ongoing, rather than a short-term, intervention.

So is conflict coaching the panacea we have been waiting for to support individuals to manage their conflict more constructively?  In its favour, it promotes self-determination and empowerment, integrates well with other processes, and is flexible and individualized.  However, it is not suitable in all individual conflict situations (e.g. family violence and bullying are typically not appropriate for conflict coaching, unless used very carefully by practitioners who understand the dynamics of power-based violence – supporting a client to be more assertive in engaging with a perpetrator of violence can result in the violence escalating).

It is difficult to evaluate the benefits of conflict coaching apart from based on an individual’s perceptions of how it made them feel.  It is hard to prove that people who access conflict coaching services move on to actual improvements in their conflict management / conflict resolution.  It is also important to consider whether conflict coaching is replacing more helpful interventions such as early conflict education, communication skills development, and in a workplace – effective performance management.

It seems that the answer lies somewhere in between the two poles of placebo and panacea.  Conflict coaching can make a client feel better, by giving them a forum to vent and to be listened to attentively and without judgement.  It can also make managers feel better when they refer an employee to conflict coaching as they feel they have done something productive in response to a conflict situation in the workplace.  However, conflict coaching used unmindfully can act simply as a placebo, and an expensive exercise without any objective improvement in the client’s conflict situation.  On the other hand, conflict coaching, even when used appropriately, is not the answer to all conflict situations.  It also may need to be used in conjunction with other conflict services in order to provide a holistic response that maximizes the chances of a lasting positive outcome.

[1] L. Boulle, Mediation: Principles, Process, Practice, 3rd Ed. (Lexis Nexis Butterworths, Chatswood, 2011), pp 349-351.

New edition: Dispute Resolution in Australia: Cases, Commentary and Materials by SPENCER and HARDY

DR in Aust 3rd Ed

 This third edition of Dispute Resolution in Australia: Cases, Commentary and Materials highlights the consolidation of the process of dispute management and resolution, particularly in the government sector. We are now seeing the full impact of government changes to the handling of civil disputation, with the establishment and fusing of specialist tribunals and commissions. The result of the creation of these extra-judicial bodies has been a reduction in some jurisdictions of matters proceeding to trial. The interesting side-effect of this development is the rise of dispute resolution processes within these specialist tribunals and commissions that seek resolution of disputes in order to avoid hearings.

This new edition brings the law up-to-date and features:

  • A new chapter on conflict coaching
  • A re-written chapter on the key elements of arbitral procedures and the common law surrounding arbitral practice featuring the new Uniform Commercial Arbitration Acts
  • A new chapter on dispute resolution and the criminal law system
  • A new chapter on dispute resolution and industrial relations.

Dispute Resolution in Australia: Cases, Commentary and Materials, third edition, is an invaluable resource for both students and practitioners, providing practical guidance and analysis in this dynamic area of the law.

  • Contents
  • Chapter 1: Introduction
  • Chapter 2: Understanding Disputes
  • Chapter 3: Negotiation
  • Chapter 4: Mediation
  • Chapter 5: Conflict Coaching
  • Chapter 6: Other Dispute Resolution Processes
  • Chapter 7: Arbitration
  • Chapter 8: Dispute Resolution in Criminal Law
  • Chapter 9: Dispute Resolution in Family Law
  • Chapter 10: Dispute Resolution in the Workplace
  • Chapter 11: Online Dispute Resolution
  • Chapter 12: The State and Dispute Resolution
  • Chapter 13: Culture and Dispute Resolution
  • Chapter 14: Legal Issues
  • Chapter 15: Ethics, Standards and Dispute Resolution
  • Chapter 16: The Future of Dispute Resolution

NEW REPORT: Current and emerging career trends in conflict resolution

Robert J. Rhudy from the Maryland Mediation and Conflict Resolution Office has just released a preliminary report on current and emerging career trends in conflict resolution.  While the report focuses on the United States, many of the findings are equally applicable in the Australian context.

The information in the preliminary report (which is 61 pages long) is taken from a range of sources including interviews with conflict resolution professionals, professors, and other knowledgable people across the US, and through literature searches and internet reviews of job listings.

Rhudy concludes that there is good news and bad news about the current situation in the US, summarised as “The field continues to have a high supply of providers, low market demand, and high social need”.  There was, however, also optimism that as economic conditions improved, there would be more opportunities in the field of conflict resolution.

The report identifies that as well as people making a career in conflict resolution, many public and private organisations are now looking for conflict resolution skills in their employees, so having these skills increases employment and promotion opportunities.

A particularly encouraging finding is that, with the growth of academic programs in the field, there has been a corresponding growth in academic research and publishing about conflict resolution, and a growing recognition of the importance of this research.

The full report contains much more detail and quotes from influential people in the field. There is also a section with practical advice about how to get work and make a career in conflict resolution.

The full report is available here: http://www.mediate.com/pdf/Current&EmergingCareerTrends.pdf

New report on Alternative Dispute Resolution Services in Australia

IBISWorld research has just released a report on Alternative Dispute Resolution Services in Australia (IBISWorld Industry Report OD4116, February 2014).

The report is summed up with the phrase “Undisputed growth: Demand for industry services as an alternative to litigation increases”.

The executive summary of the report explains:

The Alternative Dispute Resolution Services industry in Australia provides individuals and corporations avenues to resolve disputes that do not involve litigation. Alternative dispute resolution (ADR), generally consisting of mediation, conciliation and arbitration, has surged in popularity during the past decade, underpinning strong growth in industry revenue and profitability. Industry revenue is expected to grow at an annualised 6.4% over the five years through 2013-14 to be worth $682.9 million, with growth of 6.0% forecast for the current year.

Growth has been underpinned by the increasing use of ADR to solve commercial, family and workplace disputes. ADR provides a number of benefits relative to litigation. ADR is generally cheaper, faster, more flexible and confidential, and less adversarial than going to court. Since the mid-1990s, governments have supported the use of ADR by introducing a number of mandatory and optional schemes, particularly in the areas of employment, family and commercial arbitration law. Business has also turned to ADR, as the tight economic climate, rising cost of litigation and threat of reputational damage and class actions led companies to seek an alternative to litigation. Both trends are expected to continue over the next five years.

The increased scope of industry activity has encouraged many new players to enter the industry and existing players to expand, while employment has also grown strongly. As the industry becomes more established, this growth in enterprises and establishments is expected to slow. However, employment growth is likely to continue at a similar rate as existing players grow their businesses.

The reforms of the past few years have positioned the industry well for growth, with governments and business expected to continue turning to ADR as an alternative to litigation. During the five years through 2018-19, industry revenue is expected to grow at an annualised 4.4% to reach $845.2 million. There is still room for the industry to compete with traditional legal services. The movement into new areas and the expansion of activity as current reforms are adopted will continue to support industry revenue growth.

Some of the interesting findings of the report include:

  • There are about 1,456 businesses in the industry in Australia.
  • Market share in the industry is primarily held by big law firms.
  • Key external drivers for the ADR industry in Australia include: Capital expenditure by the private sector, days lost to industrial disputes, the price of legal and accounting fees, and the number of divorces.
  • The ADR industry is in a growth stage, has low barriers to entry, and medium levels of competition (concentrated in NSW and Vic).
  • Fees charged by industry participants have risen in line with demand for services, leading to a boost in profitability.
  • Mediation comprises about 38.7% of the market, 36.2% is arbitration, 19.3% conciliation and 5.8% other.

The whole report is available at http://www.ibisworld.com.au.

Lawyers as coaches for self-represented litigants

A very interesting blog post by Dr Julie Macfarlane in which she sketches out the basics of a lawyer-coach role as an additional way of offering legal services.

http://drjuliemacfarlane.wordpress.com/2013/12/14/seriously-lawyers-coaching-srls-in-self-advocacy-why-this-paradoxical-proposition-deserves-your-serious-consideration/

The melodrama of conflict

One of my big projects at the moment is working on a book called the Melodrama of Conflict.  My theory is that people who are not managing conflict well tend to tell their story of conflict in the genre of melodrama (the proper classical genre, not the way we use the term colloquially).

Professor Nadja Alexander and I developed the REAL Conflict Coaching System to support people in conflict to move away from dysfunctional melodramatic conflict narratives.  We want our clients to move from being a passive victim to being the active hero of their future conflict story.  It might sound weird, but I think a better genre for a constructive conflict narrative is tragedy.

To find out more, listen to my talk to the International Coaching Federation in the USA on coaching people through the melodrama of conflict (this is a recording of the tele-seminar, so there’s a bit of chit chat at the start as people logged into the call): http://www.freeconference.com/RecordingDownload.aspx?R=13352997&C=734&E=193325

Crowd funding sought for new mediation television drama series

Shift is a one-hour scripted television drama series that reveals the inner workings of the world of conflict resolution. In the same way The West Wing showed us how the sausage is made behind the scenes in the White House, Shift reveals the often hidden world of conflict transformation. This series is dramatically compelling, culturally rich and truly meaningful to our lives.

How Well Developed is This Project?

Shift has traveled far on the road of development. We have three complete one-hour scripts and additional treatments for 13 episodes, with hundreds of additional conflict scenarios you will find compelling. We are ready to launch into production, given the right talent pool and studio connections. We believe producing this trailer will put us over the top and give us what we need to demonstrate what we can do to the right people.

What is Portrayed in the Trailer?

The trailer showcases one of our lead characters, Ray Gopaul, who is an African-American former Marine and Viet Nam veteran. Ray is a consummate mediator and an ace crisis negotiator. He gravitates to the edgy, dangerous realms of conflict, working with street gangs, murderers and civil war combatants. He’s always pushing the envelope, testing the comfort zone of his colleagues and his clients.

In the trailer, Ray initiates work on a case that screams scandal from the headlines. He throws himself into this case, which is universally believed to be hopeless. In the trailer, you will see how Ray shifts a defendant found guilty of a heinous crime toward a willingness to participate in Restorative Justice as part of the sentencing phase of his trial.

See more here: http://www.indiegogo.com/projects/shift–21

TED Talk: William Ury: The walk from “no” to “yes”

William Ury, author of “Getting to Yes,” offers an elegant, simple (but not easy), way to create agreement in even the most difficult situations — from family conflict to, perhaps, the Middle East.

Useful videos of interviews with mediators

I just discovered this website, which includes interviews with experienced mediators on a variety of topics (and also has written transcripts of all interviews).  A very interesting tool for new and experienced mediators, and also trainers.

http://mediatoracademy.com/interviews/

JCULR Special Edition on Conflict Resolution

The James Cook University Law Review special edition on Conflict Resolution (2012, Volume 9) has recently been released.  It contains some great articles from members of the ADR Research Network, including:

  • Susan Douglas: Neutrality, Self-Determination, Fairness and Differing Models of Mediation
  • Rachael Field: Mediation Ethics in Australia – A Case for Rethinking the Foundational Paradigm
  • Samantha Hardy and Olivia Rundle: Applying the Inclusive Model of Ethical Decision Making to Mediation
  • Bobette Wolski: The ‘New’ Limitations of Fisher and Ury’s Model of Interest-Based Negotiation: Not Necessarily the Ethical Alternative

There are also articles by Judith Herrmann on the Transitional Justice Measures Incorporated by Rwandan Gacaca and Priyanka Saha on Conflict Coaching in Schools.